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Recieved no letter to tell me result of ESA Claim,

  • Peggie
  • Topic Author
11 years 2 months ago - 11 years 2 months ago #99144 by Peggie
I need urgent help!
I am being transferred from IB to ESA. Sent off claim, recived 2 letters. One titled 'Termination of Incapacity Benifit'. Second 'your Clain for ESA' telling me when they would pay and to which account.
Today, much to my surprise, I have received a letter asking me to attend a Work-focused interview with my personal adviser. Apparently I am in the WRAG.
I have not had a letter to tell me the result of my claim for ESA, or telling me which group I am in, let alone giving me the chance to appeal!
How come they missed out that important step ?
The interview is on 18th Feb, only 1 working day to act!
Help, please, what do I do? :(
Last edit: 11 years 2 months ago by Gordon.

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11 years 2 months ago - 11 years 2 months ago #99150 by Gordon

Peggie wrote: I need urgent help!
I am being transferred from IB to ESA. Sent off claim,receivedd 2 letters. One titled 'Termination of IncapacityBenefitt'. Second 'yourClann for ESA' telling me when they would pay and to which account.
Today, much to my surprise, I have received a letter asking me to attend a Work-focused interview with my personal adviser. Apparently I am in the WRAG.
I have not had a letter to tell me the result of my claim for ESA, or telling me which group I am in, let alone giving me the chance to appeal!
How come they missed out that important step ?
The interview is on 18th Feb, only 1 working day to act!
Help, please, what do I do? :(


Whilst it might sound ridiculous, the DWP do not have a formal Decision document for successful claims for ESA, and rely on a variety of badly worded and inappropriate documents to provide this function.

As you have received a request to attend, what I assume is a WFI, you have no choice but to comply if physically able, there are no actions that you can take that will excuse you from attending in the short term.

If you are physically or for mental health reasons unable to attend then you need to contact the advisor as soon as possible, and most definitely in advance of the meeting to explain your problems. The advisor may be willling to defer the meeting until you are able to attend or possibly hold it over the phone, a home interview is also a possibility but it is extremely unlikely that this will be granted for a first interview as they are rarely done at all. Any flexibility in this area is entirely at the discretion of the advisor and if they fail to provide any accomodation, then your options are to attend or risk having your benefit sanctioned, see

Changes to ESA Sanctions

With regard to your being in the WRAG, it is possible that a more formal notice is still making it's way to you, but on the assumption that it is not, you should contact the DWP office that dealt with your claim, and request notice of the Decision in writing.

If you believe that you should be in the Support Group, then you can appeal the Decision, but you need to be aware that making an appeal does not excuse you from attending WFIs. See

Is there any risk to challenging a decision?

How long do I have to appeal?

How to submit an appeal

Qualifying for the Support Group

Disability Rights UK Factsheet - Appeals and reconsiderations

12 Month Limit for ESA(CB)

Do I have to attend WFIs while I appeal?


Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 2 months ago by Gordon.
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